This appeal has been preferred against the judgment and order dated 09.07.2007 passed by Addl. Sessions Judge/1st F.T.C., Nainital in Special Sessions Trial No. 26 of 2006, State Vs. Maksood, u/s 18/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as Act, 1985) whereby the accused/appellant has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 1,00,000/- u/s 20 of the Act, 1985. In default of payment of fine, the accused/appellant would further undergo rigorous imprisonment for 2½ years.

2. Brief facts leading to the prosecution case are that on 26.01.2006 at about 10:00 a.m. S.I. N.R. Vishawakarma alongwith the police patrolling party was in law and order patrolling duty at Bheemtal. When they reached near Mount Alvern School, they saw a person coming from Mallital. The person was holding bag in his back. Seeing the police patrolling party coming over there, he started moving fast from there. On suspicion, the police patrolling party immediately apprehended him. After being apprehended, the accused/appellant disclosed his identity as Maksood S/o Makbool and admitted that he was having charas in the bag which he